Donovan v. Ives

Filing 16

ORDER: Adopting Judge Jolie Russo's Findings and Recommendation 12 .The petition is denied. Signed on 12/4/2018 by Judge Michael J. McShane. (cp)

N THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF OREGON
JERRY LEE DONOVAN,
Petitioner,

Civ. No. 3:18-cv-00198-MK

v.

ORDER

JOSIAS SALAZAR, Warden,1
Respondent.
_____________________________
MCSHANE, Judge:
Magistrate Judge Jolie A. Russo filed a Findings and Recommendation (ECF No. 12),
and the matter is now before this court. See 28 U.S.C. § 636(b)(1)(B), Fed. R. Civ. P. 72.
Although Plaintiff did not file objections, I reviewed the legal principles de novo. United States
v. Bernhardt, 840 F.2d 1441, 1445 (9th Cir. 1998). I find no error and conclude the report is
correct. Magistrate Judge Russo’s Findings and Recommendation (ECF No. 12) is adopted. The
petition is denied.
IT IS SO ORDERED.
DATED this 4th day of December, 2018.
_______/s/ Michael J. McShane ________
Michael McShane
United States District Judge

1

The proper Respondent is the custodian of the institution having custody of Petitioner. See Rumsfeld v. Padilla,
542 U.S. 426, 435 (2004). According to Respondent, Richard Ives was the warden at Federal Correctional Institution
Sheridan when Petitioner filed this action, and Josias Salazar has since replaced him. Salazar is therefore substituted
as the proper Respondent. See Fed. R. Civ. P. 25(d).

1 –ORDER